Calland v Financial Services Authority (FSA)

Calland v Financial Services Authority (FSA)

Permission to appeal is granted because the case raises important questions of principle and practice regarding the proper approach to strike out applications where factual disputes exist, and the development of the law on harassment by regulators. The lower court's discretion should not have been displaced without sufficient grounds, and the claim should be allowed to proceed to trial.

Parties
Claimant: John Calland Senior; Defendant: Financial Services Authority
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Civil Appeal / Permission to Bring Second Appeal
Outcome
Permission to appeal granted
Legal Topics
Harassment, Strike Out Applications, Discretion of Lower Courts, Statutory Authority Defence
Civil Procedure Regulatory Law Harassment Strike Out Applications Discretion of Lower Courts Statutory Authority Defence

Case Brief

Summary, issues, holding and outcome

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Parties

John Calland Senior

Claimant

Financial Services Authority

Defendant

Procedural Posture

Civil Appeal / Permission to Bring Second Appeal

Legal Issues

  1. 1 Whether the appellate court can conduct a de novo review of facts after a lower court refused to strike out a claim due to unresolved factual issues
  2. 2 Whether the claim for harassment against a professional regulator should proceed to trial
  3. 3 Appropriateness of striking out claims involving allegations against regulatory authorities

Ratio Decidendi

Permission to appeal is granted because the case raises important questions of principle and practice regarding the proper approach to strike out applications where factual disputes exist, and the development of the law on harassment by regulators. The lower court's discretion should not have been displaced without sufficient grounds, and the claim should be allowed to proceed to trial.

Court Disposition

Permission to appeal granted

Orders

  • Permission to bring second appeal granted